ALLENDALE, S. C., May 7, 1889. EUGENE P. JERVEY, ESQ., Railroad Commissioner. DEAR SIR: Your favor 6th inst. received, and I beg to say that you are mistaken in regard to my asking the R. R. Commission in what form to make my complaint in regard to the Port Royal R. R. I wrote to the Commission that if they would send a representative here, I would point out the troubles of which I had before complained and had received no satisfaction. I am ready to say again that I shall not make my complaint, or state my causes of complaint, to any R. R. official, nor in the company of any R. R. official. When I get through with you, the Commissioners may have as advocates of the cause of the Co. all the officials, from President Alexander down, but until then I propose to have nothing to say or do with R. R. officials. I have no doubt but this action on my part will bring down upon a helpless community the "wrath to come" from the R. R. Co., and we are sure to feel it before we are through. The fact is, I doubt the good policy of the step, but I am determined to see if we are protected in any degree by the R. R. Commission, and to make the fight for weal or woe. Yours respectfully, I. L. TOBIN. I beg you to accept my thanks for your letter. I am free to say I hardly anticipated such good fortune. ALLENDALE, S. C., May 8th, 1889. To the Railroad Commissioners of South Carolina, Columbia, S. C. GENTLEMEN: President Alexander, in his letter to the News and Courier, invites investigation in reference to the charge that the Central Railroad has "bottled up" Port Royal. Does he mean to challenge investigation in regard to the general condition and management of the Port Royal Railroad? If he does, why does he not say so? I suppose the next thing we will hear will be that he has invited general investigation and proof of the charges in regard to bad order of the road and its general management, and those persons who have preferred charges, being totally unable to sustain them, have failed to come to the front. We will make our charges distinctly, and invite the Railroad Company or President Alexander to deny them. 1. Section 1534, R. S. of S. C., reads as follows: "A railroad corporation whose road is crossed by a highway or other way on a level therewith, shall, at its own expense, so guard or protect its rails by plank, timber, or otherwise, as to secure a safe and easy passage across its road; and if such highway or other way be within the corporate limits of any city, town, or village, then the proper municipal authorities thereof, if any subsequent alteration of the highway or other way, or any additional safeguards, are required at the crossing, may order the corporation to establish the same." We charge that the Port Royal Railroad runs through the town of Allendale one and one-half miles; that within the corporate limits of said town there is not a single crossing supported by the railroad. That the crossings, as they stand, are in improper places, and not in the streets, where they should be; and this is done by the railroad authorities to avoid digging down a slight embankment and to save expense of maintaining crossings. We charge that the demand has been repeatedly made upon the Railroad Company to keep in repair such crossings, and it is only on condition that the town authorities will furnish all material for bridges and crossings that it is done; and it has happened more than once that the Railroad Company have torn up the crossing by their cars running off the track in the town of Allendale, and refused to supply timber they had destroyed and thrown away in tearing up a broken bridge, leaving a dirt crossing, dangerous to the travelling public. We charge that the track of the Port Royal Railroad has been for months in bad and dangerous condition, broken rails being frequently found in the town limits, and the cars of the road are frequently oft the track in the town; and more than once the citizens of the town have aided in getting these cars back on the track with the aid of timbers and prizes, the company being without machinery or appliances, except main manual force, to raise the car wheels upon the track. We charge that the arrangement of the platforms in our town is a standing nuisance and menace to human life, a trap to catch the unwary, on account of which many persons have come very near losing their lives by being crushed between the platform and the cars. We charge that the Railroad Company have no place to safely store cotton and guano, but such freight is piled out on the platform, at the owner's risk, and generally exposed to thieves and bad weather. The shed provided for that purpose is entirely insufficient, and not even provided with doors or means to secure it. We charge that the second-class coaches running on said road are frequently unfit to be occupied on account of filth and stench almost insupportable. * * * We charge that the Railroad Company are arbitrary and tyrannical, and disregard the comfort and convenience of the travelling public by obstructing the streets with their cars unnecessarily, and in some instances so that ladies have been unable to obtain access to the passenger trains. We charge that it has been by constant complaint to the Railroad Commissioners that we have been able to obtain the most ordinary and necessary conveniences for the travelling public-our railroad depot having been totally unfit for the purpose until lately, when some repairs and alterations were made (entirely inadequate and insufficient), the Railroad Company expressing themselves as determined to do no more than they were obliged to do, because they had been reported to the Railroad Commissioners; their intention having been (they say) to build a good depot, but for this report. We would be glad to hear what President Alexander has to say in answer to these charges, and we will then finish the list we have on hand for his edification. Yours respectfully, I. L. TOBIN, Intendant of the Town of Allendale. ALLENDALE, S. C., May 9, 1889. To the Railroad Commissioners of South Carolina, Columbia. GENTLEMEN I prefer to eliminate from my charges against the railroad the little joke about the company's palace cars, etc., as it savors of disrespect to the R. R. Commissioners, in a formal complaint presented to them in this manner, and I did not mean any disrespect in writing it for the newspaper. If you are disposed to treat it as a charge that I am now called on to prove, of course I cannot help myself. You have the right to hold me to it, but I should prefer to do away with that part of my communication. I do not know what means you will adopt to enable all parties to obtain a hearing and bring proof in their own behalf, but I will beg you to give me some notice so that I can be prepared when the time comes. I can produce abundant evidence of the charges, but to be jumped up at any unexpected time prove these charges, will place my side at great disadvantage, and I may be away from home at the time. And, furthermore, the rule of evidence gives me the right to reply. I have taken the affirmative and shall go into this if I see fair dealing ahead of me, not otherwise. Let me meet the defence also and know what that defence is at the time. It is very easy for the R. R. Company to explain away, in the absence of the other side, any charges we can make. to Yours respectfully, I. L. TOBIN. NOTE. In response to request of Mr. Tobin to have certain expressions eliminated in his complaint, the Commission had same stricken out. OFFICE OF RAILROAD COMMISSIONERS, COLUMBIA, S. C., May 13th, 1889. I. L. TOBIN, Esq., Allendale, S. C. DEAR SIR: Your two communications of the 8th and 9th instants, respectively, have been received. The Commission does not consider the palace car matter a part of the complaint you propose to sustain. The Commission desires to fix a day for hearing, at Allendale, the testimony for and in answer to your complaint, which will be convenient for both sides, giving ample time; and they would like you to suggest the earliest day that will suit you, and if it suits the other side, it will be adopted. Otherwise, the Board will fix a day. No advantage will be allowed either side over the other. The proceedings will conform as near as practicable to the practice of the Courts. Yours very respectfully, M. L. BONHAM, Chm. Board R. R. Com'rs. R. R. Commissioners S. C. ALLENDALE, S. C., May 16, 1889. GENTLEMEN: Your favor suggesting that I appoint a day for the hearing of complaints against the Port Royal Railroad duly received-and I will state that our Court meets at Hampton on second Monday in June, which is on the 10th of the month, and I will be absent from home for one week from that date. Before or after that time, I am ready, and will meet any appointment on 5 days' notice. Respectfully, I. L. TOBIN. OFFICE OF RAILROAD COMMISSIONERS, GEN. E. P. ALEXANDER, President, &c., Savannah, Ga. DEAR SIR: The Commission desires to fix a day for hearing, at Allendale, the complaint of I. L. Tobin vs. the Port Royal and Augusta Ry. Co. Will Wednesday, the 29th of this month, suit you? Please answer promptly. Yours truly, Copy of complaint enclosed. M. L. BONHAM, Chm. Board R. R. Com'rs. (Telegram.) GENL. M. L. BONHAM, Chairman. SAVANNAH, GA., May 20, 1889. Yours received in matter of Tobin complaint. Genl. Alexander in New York, but expected back in day or two. Will try and communicate with him. ED. WORKMAN, Sec'y. SAVANNAH, GA., May 20th, 1889. GEN. M. L. BONHAM, Chmn. R. R. Commission of S. C., Columbia, S. C. The whole matter, however, has been referred to our General Manager, Mr. Belknap, who will take it up and see that the company is properly represented. I have requested him to say whether the 29th would suit, and you will no doubt hear from him direct. Your letter of 18th to Pres. Alexander has, in his absence, been referred to me. He will not be here on the 29th, and I regret that I have an important engagement in New York on the 28th, and, therefore, it will be impossible for me to be present on the 29th. I hope to return about Sunday, 2nd prox., and any date thereafter that suits your converience will be observed by me. Pursuant to appointment, the Railroad Commission of South Carolina met at Allendale, S. C., on 7th June, 1889, to hear above mentioned complaint, and to hear testimony in regard to same. After hearing the evidence (which is on file in office of Railroad Commission, and too voluminous to publish) and carefully considering the same, the Commission are of opinion, that although there was just cause for complaint in some of the matters referred to, the railroad authorities, upon having same properly called to their attention, had in most instances complied with the wishes of the corporation of Allendale, and having further agreed to do what was desired as far as practicable, the complaint is dismissed. Correspondence in Regard to Connecting Tracks of Port Royal and Augusta Railway and Richmond and Danville Railroad at Spartanburg, S. C. OFFICE OF RAILROAD COMMISSIONERS, GEN. E. P. ALEXANDER, Pres. Central R. R. of Georgia, Savannah, Ga. DEAR SIR: I am directed by the Board of Railroad Commissioners to forward you the enclosed copy of "An Act to require the Port Royal and Western Carolina Railroad Company to join its track with that of the Richmond and Danville Division of the Piedmont Air Line Railroad, at Spartanburg Court House, in this State." The Commission will be glad to hear from you in relation to this matter at an early date. Yours truly, M. T. BARTLETT, Secretary. OFFICE OF RAILROAD COMMISSIONERS, COL. PEYTON RANDOLPH, Gen. Man. R. & D. R. R., Washington, D. C. DEAR SIR: I am directed by the Board of Railroad Commissioners to forward you for your information the enclosed copy of an "Act to require the Port Royal and Western Carolina Railroad Company to join its track with that of the Richmond and Danville Division of the Piedmont Air Line Railroad, at Spartanburg Court House, in this State." Yours truly, M. T. BARTLETT, Secretary. SAVANNAH, GA., Jan. 26th, 1889. M. T. BARTLETT, ESQ., Secretary R. R. Commission, Columbia, S. C. DEAR SIR: Your favor of the 25th inst. is just at hand, enclosing copy of the Act of the Legislature requiring the Port Royal & Western Carolina R. R. Co. to make connection with the Richmond & Danville at Spartanburg. It is the first intimation that I have had of the passage of such an Act. In reply I would say, that I am already in communication with the authorities of the Richmond & Danville System, with a view to arranging a connection on friendly terms. Such a connection will be of much value to us, while a connection simply enforced by law would be of no value whatever. The law giving us connection would still not authorize us to use their tracks a car length beyond it, nor could any law force two railroads to do business harmoniously upon the same track. It would be absolutely necessary for the R. & D. to put their locks upon the switch for the safety of their trains, and they might reasonably refuse us the use of their keys. In short, there are innumerable details necessary to the transaction of through business which could only be adjusted where both parties desire to have them so. Yours very truly, E. P. ALEXANDER, Prest. MR. M. T. BARTLETT, Secretary, Columbia, S. C. WASHINGTON, D. C., February 12, 1889. DEAR SIR: Absence from my office, on account of sickness, has prevented an earlier acknowledgment of your favor of the 25th ult., enclosing a copy of "An Act to require the Port Royal and Western Carolina Railroad Company to join its track with that of the Richmond and Danville Division of the Piedmont Air Line Railroad at Spartanburg Court House, in this State." Yours truly, PEYTON RANDOLPH. OFFICE OF RAILROAD COMMISSIONERS, HON. Jos. H. EARLE, Attorney General, Sumter, S. C. DEAR SIR: The Commission respectfully calls your attention to the Act of Assembly, approved December 22nd, 1888, requiring the Port Royal and Western Carolina Ry. Co. to unite their track at Spartanburg with the track of the Atlanta and Charlotte A. L. Ry. at that point. No steps having been taken by the Port Royal and Western Carolina Ry. Co. to carry out the requirements of the law, the Commission feel it their duty to request you to institute proceedings to recover the penalty, and to compel a compliance with the law. Yo.rs truly, HON. M. L. BONHAM, Chm. Board of R. R. Com❜rs. M. L. BONHAM, Chm. Board R. R. Com'rs. COLUMBIA, S. C., March 30, 1889. DEAR SIR: The Attorney General acknowledges receipt of yours of 28th March, in relation to the Act Dec. 22, 1888, requiring Port Royal and Western R. R. Co. to unite their track with that of the Richmond and Danville Division of the Piedmont Air Line Railroad, at Spartanburg Court House, in this State" (20 Stat., 79). He will give the matter attention. Yours respectfully, NOTE.-Above case is referred to in General Report. WM. K. BACHMAN, Assist. Att'y Gen. 22 Excess Charge for Passage when Tickets are not Purchased at Stations where Road has Regular Agent. Railroad Commissioners of S. C., Columbia, S. C. GEORGETOWN, S. C., Sept. 3d, 1889. DEAR SIRS: We have been put to considerable trouble recently by passer.gers jumping on the trains at ticket offices without purchasing tickets. This puts our conductor to a great deal of trouble in making change. To remedy this evil we ask that you consider this matter, and advise us if we can impose an arbitrary on passengers not holding tickets from ticket stations. Very truly yours, CHAS. A. BALL, Gen. Supt. W. R. BUIE, G. P. A. G. & W. R. R. OFFICE OF RAILROAD COMMISSIONERS, W. R. BUIE, Esq., G. P. A. G. & W. R. R., Georgetown, S. C. GEORGETOWN, S. C., Sept. 9th, 1889. Railroad Commissioners of So. Ca., Columbia, S. C. DEAR SIRS: Your favor of 7th inst. to hand and contents noted. W. R. BUIE, G. P. A. T M. DE from Th ation Clove Ho OFFICE OF RAILROAD COMMISSIONERS. W. R. BUIE, Esq., G. P. A., G. & W. R. R., Georgetown, S. C. DEAR SIR: I am directed by the Board of Railroad Commissioners to acknowledge receipt of your favor of the 9th instant, and to inform you in reply that the trains run on your road, as described by you, are not, in the opinion of the Commission, accommodation trains, and you have the right to charge the penalty rate to passengers not purchasing tickets, as providded in section 1451f, General Statutes. M. T. BARTLETT, Secretary. Yours truly, Complaint of High Rate Freight on Fertilizers to Clover, S. C. Gov. M. L. BONHAM, Columbia, S. C. CLOVER, S. C., Jan. 4th, 1889. DEAR SIR: Yorkville freight on fertilizers from Charleston is only $3.05; our freight from Charleston is $4.35, a difference of $1.30 on the ton. It is less than 10 miles from our place to Yorkville. Is there any justice in this? Our freight heretofore has only been 5 cents more on the ton. Please look after this for us, and by so doing you will greatly oblige. J. R. BARRON & CO. |